Case law

Dolgan v. The City of Chicago

2020 IL App (1st) 190907-U · Appellate Court of Illinois · Jul 16, 2020

¶ 22 Pursuant to Illinois’ Tort Immunity Act, the City has a duty to “exercise ordinary care to maintain its property in a reasonably safe condition.” 745 ILCS 10/3-102(a) (West 2016). … ¶ 26 Many other facts established by plaintiff’s deposition testimony support this conclusion. Nothing about the weather or lighting conditions obscured the crosswalk.

People v. Davis

2025 IL App (2d) 240663-U · Appellate Court of Illinois · Jan 17, 2025

¶ 20 The record in this case establishes that the trial court clearly assessed the statutory factors and found that they weighed in favor of a finding that defendant posed a real and present threat to M.D. and the public … Moreover, the trial court was clearly cognizant of defendant’s lack of criminal history and the fact that M.D. moved to Texas.

Engle v. Department of Financial and Professional Regulation

103 N.E.3d 382 · Appellate Court of Illinois · Mar 23, 2018

¶ 31 Mixed questions of law and fact are reversible if they are clearly erroneous. Windsor Clothing Store, 2015 IL App (1st) 142999, ¶ 26. … (the mere finding of a default is not final and does not even qualify as an immediately appealable interlocutory order).

People v. Fedrick

2025 IL App (5th) 230212-U · Appellate Court of Illinois · Dec 18, 2025

The statute very clearly prohibits a person from possessing a firearm who “has not been issued a currently valid Firearm Owner’s Identification Card.” 720 ILCS 5/24-1.6(a)(1), (a)(3)(C) (West 2020). … Subsection (h-1) is not a basis to establish a violation of defendants’ due process rights here.

People v. Gilliard

112 Ill. App. 3d 799 · Appellate Court of Illinois · Feb 16, 1983

Clearly, if nothing else, the appearance of justice affects the integrity of the judicial process itself. (Rose v. Mitchell (1979), 443 U.S. 545, 555-56 , 61 L. Ed. 2d 739, 749 , 99 S. Ct. 2993, 3000 .) … The State is seeking to establish, by judicial approval, the right to practice racial discrimination in the prosecution of its citizens.

Banco Popular v. Beneficial Systems, Inc.

335 Ill. App. 3d 196 · Appellate Court of Illinois · Nov 4, 2002

BSI filed a countersuit to quiet title and establish its priority over BPM’s mortgage. BPM, in turn, brought suit against BSI. … However, the circumstances present here fit those outlined in section 30 of the Act and may well qualify Reynolds for the exception to the general rule.

People v. Nichols

979 N.E.2d 1002 · Appellate Court of Illinois · Nov 27, 2012

The State noted that he had no convictions that qualified for use in impeachment. … Specifically, he contends the State failed to establish the essential element that the contact defendant caused by flinging an unknown liquid on Officer Foltynewicz was insulting or provoking in nature.

Jones v. DHR Cambridge Homes, Inc.

381 Ill. App. 3d 18 · Appellate Court of Illinois · Mar 4, 2008

He described the plaintiff as a very qualified carpenter and not known to take any unnecessary risks. While working on the project, he observed Cambridge supervisors, Mr. … Cambridge introduced evidence establishing RCI’s duty, but relied on the plaintiffs evidence to establish that RCI breached its duty to the plaintiff by allowing him to walk on the sills and that this breach resulted in the

People v. Hagan

199 Ill. App. 3d 267 · Appellate Court of Illinois · Jul 30, 1990

In order to establish the offense of attempt, the State must establish that the defendant intended to commit a specific offense and that he committed an act that constitutes a substantial step toward the commission of that … Jones’ testimony clearly established those elements. Defendant’s argument goes to the weight given the testimony not to the admissibility of the records.

Kennedy v. Tate

2021 IL App (1st) 190913-U · Appellate Court of Illinois · Mar 31, 2021

It is well established that the paramount consideration in all guardianship and child custody cases is the best interest of the child. … Furthermore, in a case such as this, where both parties appear qualified to have guardianship of the minor, observation of the witnesses' demeanor is acutely important.

People v. Salas-Pineda

2026 IL App (2d) 250061 · Appellate Court of Illinois · Jun 9, 2026

Although the State did not establish a risk of willful flight, the State established that the proof was evident or the presumption great that defendant committed aggravated criminal sexual assault (dangerous weapon), aggravated … “Matters of trial strategy are generally immune from ineffective assistance of counsel claims.” People v. Jones, 2023 IL 127810, ¶ 51.

People v. Cihak

169 Ill. App. 3d 606 · Appellate Court of Illinois · Apr 26, 1988

To qualify as an admission by silence or an implied admission, it is essential that the accused heard the incriminating statement and that it was made under circumstances which allowed an opportunity for the accused to reply … The court noted that one of the requirements for admission of the defendant’s prearrest silence was that it must clearly appear that the defendant knew that he was being asked about the crime for which he was on trial.

People v. Thomas

2014 IL App (2d) 121203 · Appellate Court of Illinois · Sep 22, 2014

Thus, contrary to the majority’s approach: -8-  “[T]he United States Supreme Court’s ruling in Victor establishes that a jury instruction … The jury’s question clearly shows that there is a reasonable likelihood that it used a lesser standard in convicting defendant.

Move N Pick Convenience, Inc. v. Emanuel

391 Ill. Dec. 391 · Appellate Court of Illinois · Mar 31, 2015

If the question presented is mixed, the applicable standard of review is clearly erroneous. Id. at 553-54. … Instead, the existing safety of the community in terms of established crime and gang activity necessarily implicates law enforcement and evidence that the introduction of an establishment which sells packaged liquor would

People v. Reed

429 Ill. Dec. 774 · Appellate Court of Illinois · Mar 27, 2019

Although the court held that Callaway’s affidavit and testimony “qualified as new evidence based on his unavailability at trial in view of his Fifth Amendment Right against self-incrimination” (see U.S. … Kane, 2013 IL App (2d) 110594, ¶ 27 (“The use of invited error as a basis for postconviction relief is clearly frivolous and patently without merit.”).

Sullivan v. Sullivan

2020 IL App (1st) 181860-U · Appellate Court of Illinois · May 4, 2020

The trial court further found that the parties’ daughter established residency in the state of Florida, which allowed her to qualify for in-state tuition starting in the Spring 2018 semester. … A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident or if the finding itself is unreasonable, arbitrary, or not based on the evidence presented.

Cook v. East Shore Newspapers, Inc.

327 Ill. App. 559 · Appellate Court of Illinois · Oct 26, 1945

But words or publications actionable only per quod are those whose injurious effect must be established by due 'allegation and proof. … Because of this, judicial decisions of the past are so apt to vary with the social and moral views of the different jurisdictions, that in cases where the utterances or publications of the defendant are not clearly actionable

People v. Soler

228 Ill. App. 3d 183 · Appellate Court of Illinois · Apr 3, 1992

Beth Huebner, a clinical psychiatrist and qualified expert in sexual abuse, testified that she met with M.M. a total of 12 separate times. … The complainant in the case at bar testified clearly and in great detail as to the specific acts of sexual abuse committed by defendant.

People v. Baggett

185 Ill. App. 3d 1007 · Appellate Court of Illinois · Jun 29, 1989

While the exception imposes no fixed time limits within which the complaint should be made to qualify as “prompt,” it does require that the complaint was made without any inconsistent or unexplained delay, and that it was … The inclusion of explicit details of the conduct constituting the offense and the repeated identification of defendant went well beyond what was necessary to corroborate that a complaint was made and clearly exceeded the

People v. Falaster

273 Ill. App. 3d 694 · Appellate Court of Illinois · Jul 27, 1995

The first point, "an overriding interest that is likely to be prejudiced,” is clearly present when a young victim of sexual abuse is required to relate the acts perpetrated upon her. … An example given in the notes includes, "a patient’s statement that he was struck by an automobile would qualify but not his statement that the car was driven through a red light.” (Fed. R.